JUDGMENT :

Wanlura Diengdoh, J.

1. The Petitioner herein has stated that he was appointed in the Meghalaya Police Department in the year 1990 as a Cook and was in service for the last 13(thirteen) years.

2. According to his petition, the Petitioner has stated that the State Respondent has drawn up three separate disciplinary proceedings against him, the first one being D.P. No. 16 of 2012 for his unauthorized absence from Unit Hospital and was found loitering under the influence of liquor and creating trouble near a grocery shop on 14.11.2012 for which he was placed under suspension on 16.11.2012 and one Inspector Subir Sangma was appointed as the Enquiry Officer.

3. The second departmental proceedings relate to D.P. No. 29/2014 on the charge that on the report submitted by S.M. & H.O. Police Hospital, Shillong on 27.01.2014 he had reported sick and on completion of treatment by Orthopaedician, Civil Hospital, Shillong he was supposed to report back before S.M. & H.O. Police Hospital Shillong on 08.03.2014, but he failed to turn up and remained on unauthorized absence till the date of drawing up of the charge against him. In this regard, Inspector C.M. Ranee was appointed as the Enquiry Officer.

4. Yet again, the Petitioner was departmentally proceeded against vide D.P. No. 02/2017 on the charge that he was found to have remained absent from duty with effect from 16.07.2015 till 30.01.2017 without authorization from the competent authority. Smti C.W. Lyngdoh, Deputy Superintendent of Police (City), East Khasi Hills District, Shillong was appointed as the Enquiry Officer in this case.

5. Records would show that for the D.P. No. 16/2012 the Petitioner was awarded punishment to the effect that stoppage of 3(three) increment was imposed upon him and in the D.P. No. 29/2014, again stoppage of 3(three) increment was also imposed.

6. As regard the last D.P. No. 02/2017, the Petitioner herein was awarded the major penalty of 'Removal from Service' vide Order dated 08.11.2018. Against this order, the Petitioner had preferred an appeal before the Appellate Authority, Deputy Inspector General of Police (ER), Meghalaya, Shillong which was rejected vide Order dated 21.12.2018.

7. Being aggrieved by the order dated 08.11.2018 passed by the Superintendent of Police and Disciplinary and Punishing Authority, East Khasi Hills, Shillong as well as the order dated 21.12.2018 passed by the Deputy Inspector General of Police (ER), the Appellate Authority, the Petitioner has approached this Court with this instant Writ Petition with a prayer to set aside and quash the orders referred to above whereby he has been removed from service and his appeal in this regard having also been rejected. The prayer is also for reinstatement to his service and to continue as Police Cook.

8. Mr. B. Deb, learned counsel for the Petitioner at the outset has submitted that the root of the matter lies in the transfer order dated 16.07.2015 by which order the Petitioner was transferred to Tura, West Garo Hills, whereby the Petitioner had filed a representation dated 21.07.2015 before the Superintendent of Police, East Khasi Hills District, Shillong for revocation of the same. Another representation on the same lines dated 29.08.2016 was preferred before the Director General of Police, Meghalaya. However, no action has been taken on the two representations of the Petitioner herein, non- approval of the same being duly communicated to the Petitioner would have prompted him to join his transferred post.

9. The ground cited by the Petitioner for his alleged absence is that, he has some family and health issues and the Respondents after failing to respond to his representations, after one and half year has initiated disciplinary proceedings against him. In this regard, the case of Krushnakant B. Parmar v. Union of India & Anr: (2012) 3 SCC 178 at paragraphs 17 & 18 was referred to by the Petitioner, wherein the Hon'ble Supreme Court has observed as under:

"17. If the absence is the resul